Life as a stay-at-home parent may be deeply rewarding, but it may also involve some unique challenges. This is especially true when a marriage ends, which may require a parent to reconsider their priorities and determine whether they may maintain the same lifestyle they and their children have become accustomed to. 

Divorce affects all families differently. Questions about child custody, property, finances, and housing may become especially complex for parents who have spent years focused primarily on raising children rather than maintaining full-time employment. Understanding how these issues may be approached in a divorce may help stay-at-home parents navigate the process more clearly. By working with a divorce lawyer, a parent may gain a greater understanding of the issues that will need to be addressed, the options available, and the steps they may take to minimize disruptions in their children’s lives.

How Caregiving History May Affect Child Custody Decisions

Many of the most significant issues in any divorce involving children will be related to child custody. While the terminology used and how custody is approached may vary from state to state, the laws almost always focus on protecting the child’s best interests. Stay-at-home parents’ history of providing day-to-day care may play a central role in these decisions.

Child custody is usually divided into two main categories:

• Legal custody involves decision-making authority about the child’s upbringing. It addresses major decisions about children’s education, healthcare, religious instruction, and other issues. Often, a stay-at-home parent may have been the primary decision maker focused on addressing children’s ongoing needs.
• Physical custody addresses where a child will live and when they will stay with each parent. If a stay-at-home parent had provided the majority of the child care, they may believe that children should continue to live with them for the majority of the time.

Courts will often consider each parent’s past involvement in caring for children when making these determinations. A stay-at-home parent who has managed children’s daily routines, attended school functions, handled medical appointments, and taken care of other household responsibilities may be viewed as having played a primary caregiving role. This history may influence decisions about where the child will live most of the time and how parental responsibilities will be shared.

However, this does not necessarily mean that a stay-at-home parent will automatically receive primary custody. Courts generally favor arrangements allowing both parents to remain actively involved in their children’s lives. Joint legal custody is a common outcome in family law cases, and parents may share decision-making authority so that they may cooperate to make major decisions related to their children. 

Physical custody arrangements may also be put in place to provide each parent with reasonable amounts of time with their children. While a stay-at-home parent may advocate for arrangements in which children will live with them most of the time, the other parent will usually be able to have regular parenting time. The arrangements that may be put in place will depend on the family’s specific circumstances, and courts will make arrangements that support children’s best interests.

Property Division and the Family Home

A stay-at-home parent may want to take steps to avoid uprooting their children, so they may advocate for arrangements that will allow them to continue living in the family’s home. Various factors may be considered when deciding about ownership of a couple’s home and other property.

When dividing marital property, courts typically take steps to divide all of a couple’s assets and debts fairly. This does not always mean that there will be a perfectly equal split. Instead, fair arrangements may be determined based on each spouse’s income, their respective contributions to the marriage, and their future financial prospects. A stay-at-home parent’s non-financial contributions, such as managing the household and caring for children, may be recognized when making property-related decisions.

Whether a stay-at-home parent may remain in the family home often depends on their financial circumstances. In some situations, it may be practical for the parent with primary physical custody of the children to stay in the home, avoid moving children to a new home, and potentially begin attending new schools. However, home ownership must also be financially feasible for a stay-at-home parent. If a person cannot cover ongoing expenses, including mortgage payments, utilities, maintenance, and property taxes, selling the property and dividing the proceeds may be the more practical solution.

Financial Support and the Path Toward Self-Sufficiency

A divorce may have a significant impact on the financial situation of a stay-at-home parent. Without an independent income, a person may be unsure how to cover their ongoing expenses. While they may plan to return to work in the future, the lack of a recent employment history may make it difficult to find employment. Several forms of financial support may be available to help a stay-at-home parent address their needs and make the transition to self-sufficiency in the future.

Child Support

If a stay-at-home parent has primary physical custody of their children, they will typically be eligible to receive child support from the other parent. These payments are intended to cover the child’s basic needs, such as housing, food, clothing, and educational expenses. Other expenses, such as health insurance or other medical expenses, may also be addressed. With child support orders in place, a stay-at-home parent may be better equipped to meet their children’s needs.

Spousal Support

In addition to child support, a stay-at-home parent may be eligible for spousal support, which is sometimes referred to as alimony or maintenance. This type of support is meant to balance the economic disparity between spouses during and after a divorce, ensuring that a person may maintain their standard of living, even if they are not currently working. 

There are a variety of factors that may be considered to determine whether spousal support should be awarded, including the income and earning capacity of each party, the contributions spouses made to their family during their marriage, and the sacrifices a person has made when choosing to focus on family responsibilities rather than their career. In many cases, a stay-at-home parent will be eligible to receive ongoing support that will help them address their needs.

Spousal support will often be paid for a fixed amount of time based on the length of a couple’s marriage. In some cases, spousal support may be “rehabilitative,” meaning that it will help a person become self-supporting, such as by pursuing a college degree or receiving training that will help them find employment in the future. 

Rebuilding After Divorce

For stay-at-home parents, divorce may require adjustments, including changes to daily routines, exploring new career options, or relocating to a different home. With the right planning, a stay-at-home parent may help meet their children’s ongoing needs while taking steps to achieve financial stability. A divorce attorney may provide guidance on the issues that a stay-at-home parent may need to address, and they may advocate for solutions that will help to minimize the disruptions that may affect children and help a person prepare for the future.

Disclaimer: The content in this article is provided for general knowledge. It does not constitute legal advice, and readers should seek advice from qualified legal professionals regarding particular cases or situations.